Statement of Thomas J Madden, General Counsel, Office of Justice Assistance, Research, and Statistics, Department of Justice on March 13, 1980 (From Death Benefit for Federal Law Enforcement Officers and Firefighters Hearings, P 56-63, 1980 - See NCJ-75696)

• NCJ Number: 75698
• Author(s): T J Madden
• Date Published: 1980
• Length: 8 pages
• Corporate Author: Australia Law Reform Cmssn
• Publication Format: Document
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: United States of America

Annotation

Background information is provided to assist in considering the death benefit proposals for Federal law enforcement personnel and firefighters (H.R. 5834 and H.R. 5888), and the death benefit program administered by LEAA is discussed.

Abstract

The Department of Justice has consistently recommended against enactment of death benefits for Federal public safety officers to parallel that mandated for State and local public safety officers who die in the line of duty, because such benefits would duplicate benefits already available to Federal officers under the Federal Employees Compensation Act. Although the Federal Employees Compensation Act death payment is not in a lump sum as are benefits under the Public Safety Officers' Benefits Act, the amount payable to survivors is potentially much higher. In addition, the Federal Employees Compensation Act covers permanent and total disability, unlike the Public Safety Officers' Benefits Act, which covers only death as a result of personal injury in the line of duty. Conditions for receipt of benefits under the Public Safety Officers' Benefits Act are listed, and the procedure for processing a claim is described. The staff of the Public Safety Officers' Benefits Office receives notices of deaths via telephone calls from employers or surviving family members, newspaper clippings, or through correspondence with family representatives, such as attorneys. Staff members call the appropriate persons immediately and advise them of the necessary forms to be completed and the specific certified documentation which must accompany the claim forms at the time of submission. Forms are then mailed directly to employers and family with a cover letter reiterating the instructions for submitting claims. When all claim forms and supporting certified papers are received, the claim is processed and a determination of eligibility is made. The maximum targeted time period between receipt of claim materials and issuance of a benefit check for an approved claim is 35 days, although that much time has not been needed in the typical case. Data on claims are provided.